HomeMy WebLinkAboutItem 08 LDAP Update AGENDA ITEM SUMMARY Meeting Date:
Meeting Type: Regular Meeting
Staff Contact/Dept.: Todd Singleton/DPW
Staff Phone No: 541.726.5931
Estimated Time: 10 Minutes
S P R I N G F I E L D
C I T Y C O U N C I L
Council Goals: Provide Financially
Responsible and
Innovative Government
Services
ITEM TITLE: REPEALING MUNICIPAL CODE GRADING SECTION (8.300) AND
UPDATING THE LAND AND DRAINAGE ALTERATION PROGRAM
SECTION (8.400)
ACTION
REQUESTED
Conduct a public hearing and first reading of the following ordinance: AN
ORDINANCE REPEALING SPRINGFIELD MUNICIPAL CODE SECTIONS
8.300-8.338 AND UPDATING 8.400-8.420.
ISSUE
STATEMENT:
As part of the City’s Municipal separate storm sewer system (MS4) Implementation
Plan as required by the Department of Environmental Quality the City’s existing
stormwater management regulations must be updated to reflect new state laws.
ATTACHMENTS: 1. Proposed Ordinance LDAP Code Amendments
2. Existing LDAP Code to be Repealed
DISCUSSION/
FINANCIAL
IMPACT:
The goal of the Land and Drainage Alteration Program (LDAP) is the protection of
public and private property; the City’s infrastructure; and all Goal 5 Natural
Resources inventory of significant sites from potential adverse effects from
construction activities. The exact provisions or conditions of a LDAP are based on
the current circumstances present at the development site and as a result, the
program allows the applicant and the City the flexibility to design and apply the
most effective erosion prevention measures on a case-by-case basis. This flexibility
extends to modifications of these conditions after the permit has been issued to
situations where the City determines the initial measures are not achieving the
intended results.
The purpose of the proposed repeal of Section 8.300 (Grading) is to remove
outdated and redundant code sections and consolidate into Section 8.400 the
remaining sections that are still relevant.
The purpose of the update to Section 8.400 is to add new numeric grading
thresholds as required by the Department of Environmental Quality, to make
clarifying edits, and to add sections from 8.300 to consolidate the two sections into
a single ordinance that combines grading and erosion prevention.
1/29/2024
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CITY OF SPRINGFIELD, OREGON
ORDINANCE NO. ___________ (GENERAL)
AN ORDINANCE AMENDING AND REPEALING VARIOUS SECTIONS OF THE SPRINGFIELD
MUNICIPAL CODE CHAPTER 8 REGARDING LAND DRAINAGE AND ALTERATION PERMITS,
ADOPTING A SAVINGS CLAUSE, AND ADOPTING A SEVERABILITY CLAUSE
WHEREAS, the City of Springfield is subject to the National Pollutant Discharge System (NPDES)
Phase II permit regulations for Municipal Separate Storm Sewer Systems (MS4), administered by the
Oregon Department of Environmental Quality (DEQ) via the MS4 Modified General Permit (MS4 Permit),
effective March 1, 2019, as modified March 21, 2021;
WHEREAS, DEQ issued the City of Springfield MS4 Permit on June 1, 2021, and the permit expires
February 28, 2024;
WHEREAS, the MS4 Permit requires the City of Springfield to address six minimum control measures,
including Construction Site Runoff Control;
WHEREAS, the City of Springfield has existing regulations for construction site runoff control through
the Springfield Municipal Code (SDC) chapter 8, Building Regulations, including overlapping regulations
in section 8.300 Drainage and 8.400 Land Drainage and Alteration Permits;
WHEREAS, the City Council held a public hearing on these amendments on January 3, 2023; and
WHEREAS, the City Council finds it in the public interest to amend the Springfield Municipal Code
chapter 8 to integrate sections 8.300 and 8.400 into one set of regulations for construction site runoff
through the Land Drainage and Alteration Permit, consistent with the requirements of the MS4 Permit,
Attachment 1 Page 1 of 23
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. Springfield Municipal Code sections 8.400, 8.404 through 8.406, 8.412 through
8.420, 8.306, 8.334, and 8.338 are hereby amended as provided in Exhibit A, attached hereto and
incorporated by reference.
Section 2. Springfield Municipal Code sections 8.306, 8.320, 8.322, 8.324, 8.330, 8.334,
and 8.338 are renumbered as provided in Exhibit A.
Section 3. Springfield Municipal Code sections 8.300 through 8.304, 8.308 through 8.318,
8.326, 8.238, and 8.336 are hereby repealed.
Section 4. Savings Clause. Except as specifically amended herein, the Springfield Municipal
Code will continue in full force and effect. The prior code and regulations repealed or amended by this
Ordinance remain in full force and effect to authorize prosecution of persons in violation thereof prior
to the effective date of this ordinance.
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Section 5. Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereof.
ADOPTED by the Common Council of the City of Springfield this ___ day of _________, ____,
by a vote of _____ for and ____ against.
APPROVED by the Mayor of the City of Springfield this ______ day of __________, ____.
_______________________
Mayor
ATTEST:
__________________________
City Recorder
Attachment 1 Page 2 of 23
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AMENDMENTS TO THE SPRINGFIELD MUNICIPAL CODE
FOR CONSTRUCTION SITE RUNOFF CONTROL
LEGISLATIVE FORMAT
This exhibit is provided in legislative format: deleted text is shown in red strike-though text, and added
text is shown in red underlined text. Commentary is provided in a separate blue box; commentary is
for legislative history purposes only and is not an adopted part of the code.
LAND AND DRAINAGE ALTERATION PROGRAM
8.400 General.
Sections 8.400 to 8.4208.436 establish regulations to:
(1) Restrict the discharge of sediments and other construction related materials, including
hazardous substances, into the public stormwater system in order to:
(a) Prevent or minimize, to the maximum extent practicable, negative impacts to adjacent
properties, to water quality and to the City’s Goal 5 natural resources inventory sites resulting
from construction activities, and
(b) Maintain the capacity of the public stormwater system by minimizing sedimentation;
(2) Control excavating, grading, and earthwork construction, including fills and
embankments regulated under section 8.300 et seq. to safeguard the public health, safety and general
welfare, and individuals and property against hazards resulting from uncontrolled grading and
excavating practice;
(3) Establish the administrative procedure for issuance of Land and Drainage Alteration
Permits including: approvals; conditions of approval; denial; designation of a site as a sensitive area;
extension of the duration of a Land and Drainage Alteration Permit;
(4) Establish procedures for determining violations of this code; the provisions of an
issued Land and Drainage Alteration Permit; enforcement, including a Notice of Violation; and
(5) Establish the appeals process for Land and Drainage Alteration Permits.
8.402 Intent.
The goal of the Land and Drainage Alteration Program is the protection of: public and private
property; the City’s infrastructure; and all Goal 5 Natural Resources inventory of significant sites from
potential adverse effects of construction activities. The exact provisions or conditions of a Land and
Drainage Alteration Permit are based on the circumstances present at the development site; as a
result, the program allows the applicant and the City the flexibility to design and apply the most
effective erosion prevention measures on a case-by-case basis. This flexibility extends to modifications
of these conditions after the permit has been issued if the City determines the measures are not
achieving the intended results.
Attachment 1 Page 3 of 23
Exhibit A Page 1 of 21
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8.404 Applicability.
(1) These regulations shall apply to all construction related activities in both the City and
its urban transition area that result in any of the following:
(a) Land disturbance, including, but not limited to, clearing, grading, grubbing,
tree felling, excavating, filling, and storing of materials;
(b) Structural development, including, but not limited to, buildings, bridges,
streets, and other infrastructure including utilities and sewers;
(c) Impervious surfaces, including, but not limited to, parking lots, driveways, off-
street bikeways and pedestrian trails, access ways, and patios; or
(d) Dewatering.
(2) All persons in control of property or engaged in construction related activities shall
prevent and/or control erosion, sedimentation, and other construction related impacts to stormwater
quality in a manner designed to meet the outcomes specified in section 8.408. This obligation shall be
implemented through one of the following actions:
(a) The issuance of a Land and Drainage Alteration Permit in accordance with
section 8.412; or
(b) For all other construction activities not subject to the Land and Drainage
Alteration Permit requirements, as determined by the director, compliance by property owners
with the standards for preventing and controlling erosion, sedimentation, and other impacts
associated with construction site management practices. The director will make information
about these requirements and prevention measures available through a variety of techniques,
including public outreach programs, handout materials, and other educational efforts to assist
property owners in meeting this obligation.
(3) Regardless of subsection (l), the following activities shall be exempt from these
regulations. The agency or public utility performing the work shall take reasonable steps to
minimize sediment, dirt, debris, or other contaminants from entering the city stormwater system. The
exemption in this subsection shall terminate at the time the emergency condition is alleviated, utility
service is restored, or a street is reopened to traffic.:
(a) Actions by the City, a public utility, or any other governmental agency to
remove or alleviate an emergency condition, restore utility service, or reopen a public street to
traffic; or
(b) Actions by any other person when the director determines, and documents in
writing, that these actions are necessary to remove or alleviate an emergency condition, restore
utility service, or reopen a public street to traffic.
The agency or public utility performing the work shall take reasonable steps to minimize
sediment, dirt, debris, or other contaminants from entering the city stormwater system.
The exemption in this subsection shall terminate at the time the emergency condition is
alleviated, utility service is restored, or a street is reopened to traffic.
Attachment 1 Page 4 of 23
Exhibit A Page 2 of 21
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8.406 Definitions.
In addition to the definitions contained in Springfield Development Code, the applicable
sections of the Engineering Design Standards and Procedures Manual, and applicable sections
elsewhere in the SMC, as used in these regulations, the following words and phrases shall mean:
Annual Landscape Activities. Activities necessary to maintain the health and function of
developed landscaped areas, including, but not limited to: tilling, sodding, mowing, aerating, pruning,
and replacement of soil, gravel or addition of soil amendments.
Best Management Practices (BMPs). Physical, structural, and/or managerial practices employed
to avoid or mitigate erosion, sedimentation, or contamination of the public stormwater system and
related natural resources inventory sites, or to otherwise meet these regulations. All BMPs shall be in
accordance with the City of Springfield’s Engineering Design Standards and Procedures Manual
(EDSPM).
Certified Professional. A person with a background or training in erosion prevention techniques
who holds a license or certification to practice in Oregon in one of the following professions:
engineering, architecture, landscape architecture, geology, or is in a similar profession; or a person
who is certified as a professional in erosion and sedimentation control by the International Erosion
Control Association, or any other similar organization.
Construction Activity. An activity used in the process of developing, redeveloping, enhancing,
or maintaining land, including, but not limited to: land disturbance, building construction, paving and
surfacing, storage and disposal of construction related materials.
Construction Footprint. That area of a lot where disturbance to vegetation and land form is
necessary for the construction of buildings, parking lots, walkways, landscaping, utilities, and for
staging of construction equipment and other similar uses associated with construction activities.
Construction Related Materials. Potential water quality pollutants that are used or created
during construction activities including, but not limited to: off-site deposits of sediments by vehicles
(e.g., tracking, spilling); building material wastes (e.g., scrap metals, rubber, plastic, glass, masonry,
wood; paints and thinners; packaging materials; insulation, plaster grout); hazardous substances (e.g.,
cleaning solvents; chemical additives; concrete curing compounds; acids; paints, thinners); pavement
saw-cutting effluent; and concrete washout.
Designated Buffer. An area that separates a significant natural resources site, including a
wetland or water feature, from a conflicting use; and any conservation zone or protected area
established during the development review and approval process that is designed to protect significant
natural resources sites or drainage ways.
Development Site. Property under common ownership or control, either undivided or consisting
of one or more contiguous lots. Property under common ownership that is bisected by a public street
or alley shall be considered one development site unless the land was legally divided.
Dewatering. The removal and disposal of surface water or groundwater for purposes of
preparing a site for construction or facilitating construction.
Attachment 1 Page 5 of 23
Exhibit A Page 3 of 21
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Directly Drains. The conveyance and discharge of stormwater runoff, either on the surface or
by an open channel or pipe, into a water feature that is located on or adjacent to the lot for which
construction activities are planned, or onto/into its designated buffer area.
Director of Development and Public Works. The director of the Community Development
Division within the Development and Public Works Department or their designee, or other official as
designated by the Springfield City ManagerThe director of development and public works of Springfield,
Oregon, or designee hereinafter referred to as director.
Disturbed Area. A lot or a portion of a lot where the vegetation, landform, or topography is
altered due to tree felling, clearing, grubbing, grading, paving, stock piling, or building.
Emergency Condition. An immediate danger to life, property, or the environment due to
circumstances beyond the control of the property owner, including, but not limited to, natural and
human-caused disasters including, but not limited to, fires, floods, slides, earthquakes, sinkholes, and
tree blow-down.
Enforcement Officer. The person designated by the director to enforce the provisions of these
regulations.
Erosion Prevention. Measures to be taken for preventing and/or minimizing sedimentation and
negative impacts to water quality in the public stormwater system and natural resource inventory sites
due to erosive impacts on exposed soil from water and wind forces. Erosion prevention shall also
include measures taken to prevent and/or minimize potential impacts to the public stormwater system
and natural resources inventory sites associated with construction activities including handling and
storage of construction related materials and disposal of building material wastes.
Highly Erodible Soils. Soils classified as having an erodibility index of 8 or larger by the Natural
Resources Conservation Service, formerly the Soil Conservation Service.
Impacted Property. Property in proximity to a disturbed site, and subject to erosion,
sedimentation, or construction material impacts resulting from the activity.
Improper Disposal. The disposal of any construction related material in a manner that causes,
or has the potential to cause, the discharge of pollutants to the public stormwater system or natural
resources inventory sites, the depletion of the capacity of the public stormwater system, or the
contamination of soils.
Improper Storage. Handling or storing of any construction related materials in a manner that
causes or has the potential to cause the discharge of pollutants to the public stormwater system or
natural resources inventory sites, the depletion of the capacity of the public stormwater system, or the
contamination of soils.
Jurisdictional Wetlands. Any lot, parcel or portion of a lot which meets the state or federal
definition of wetlands under the jurisdiction of state or federal laws and also all significant wetlands
identified on the City’s local wetland inventory (see also Wetlands).
Land and Drainage Alteration Permit. A permit required for work that is subject to the rules
and regulations set forth in sections 8.300 to 8.338 and sections 8.400 to 8.4368.420, also referred to
as a “grading permit” or “permit.”
Attachment 1 Page 6 of 23
Exhibit A Page 4 of 21
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Land and Drainage Alteration Plan. Information including, but not limited to, a set of maps,
data, drawings, and a narrative that describes expected runoff from new construction sites and
establishes measures to be taken for preventing erosion, sediments, and other pollutants from
construction related activities.
Land Disturbance. Activities that can change the physical conditions of a landform, vegetation,
and hydrology including, but not limited to, clearing, grading, grubbing, excavating, filling, tree felling,
and storing of materials.
Lot. The word “lot” includes the words “parcel” or “tract of land.”
Maximum Extent Practicable. The greatest degree of pollutant reduction achievable through
the application of technically feasible, cost effective best management practices, processes, siting
criteria, operating methods, or other alternatives approved by the director.
Minor Recurring Activities. Repetitive construction or maintenance activities that are performed
at different sites as part of an overall work plan or program when no individual disturbance exceeds
more than 500 square feet of land area and 50 cubic yards of fill or excavated material.
Natural Resources Inventory Sites. Areas on the City’s adopted Goal 5 Natural Resources
Inventory Maps and located within or adjacent to the public stormwater system, including, but not
limited to, waterways, riparian areas shown on the Water Quality Limited Watercourses Map on file in
the development and public works department, wetlands, and conservation zones or easements, which
due to their location, topography, vegetation, or other factors provide one or more of the following
stormwater functions: flood control, habitat, bank stabilization, and water quality treatment including
pollutant removal, shading and temperature stabilization.
Notice of Violation (NOV). A written notice, specifying the violation and required compliance
measures.
Permit Holder. The property owner or an agent hired by the property owner who has obtained
a Land and Drainage Alteration Permit.
Person. An individual, trust, firm, joint stock company, joint venture, consortium, commercial
entity, partnership, association, corporation, commission, state and any agency thereof, political
subdivision of the state, interstate body or the federal government, including any agency thereof.
Public Stormwater System. Those stormwater facilities located on public property, public
rights-of-way, public utility easements and/or any stormwater facility the City is contractually or legally
obligated to operate, maintain, or protect, including, but not limited to:
(a) An open drainage way, headwater stream, creek, wetland, spring, or pond, including
those not maintained by the City which drain onto city-owned property or into city-maintained facilities;
(b) A pipe or sewer and its related appurtenances that carry stormwater and have been
designed and constructed expressly for use by the general public and accepted by the director;
(c) Streets, curbs and gutters and other surfaces in the public way which are designed to
carry stormwater, roadside drainage ditches along unimproved streets; and
Attachment 1 Page 7 of 23
Exhibit A Page 5 of 21
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(d) Flood control and stormwater quality facilities (levees, dikes, overflow channels,
swales, biofiltration facilities, infiltration facilities, detention basins, retention basins, dams, pump
stations, groundwater recharging basins, sediment traps, wetlands, etc.) that have been designed and
constructed expressly for use by the general public and accepted by the director.
Responsible Person or Responsible Party. A property owner, Land and Drainage Alteration
Permit holder, or their agent or contractor, or other person who is responsible for meeting the
outcomes, or responsible for violation of these regulations.
Routine Maintenance. The activities and practices necessary to maintain the operating
capacity, functional integrity, or aesthetics of a site or facility. Routine maintenance includes, but is not
limited to, landscaping, repair of recreation facilities (e.g., ball diamonds, play areas, fields), cleaning of
stormwater facilities, and patching of streets.
Secondary Containment. On-site erosion prevention measures that include both a preventative
measure (e.g., soil coverage, vegetative buffer) and a control measure (e.g., sediment fence, mulch
berm, straw bales).
Sedimentation. The deposit of mud, sand, soil, sediment or construction materials exceeding
one-half cubic foot in volume for every 1,000 square feet of lot size onto adjacent properties, into the
public stormwater system, onto natural resources inventory sites located on-site, into public rights-of-
way or private streets, and/or into any private stormwater system that discharges into a city
stormwater system located off-site by dropping, discharging, directly depositing, or resulting from the
action of erosion.
Sensitive Area. Sites that meet the criteria contained in section 8.410(1).
Stabilization. The completion of all soil disturbance activities at the site and the establishment
of a permanent vegetative cover, or equivalent permanent stabilization measures including, but not
limited to, riprap, gabions, geotextiles, or bioengineering methods that will prevent erosion.
Untreated Runoff. Stormwater runoff due to construction activities that has not been filtered,
screened, settled, or otherwise treated for the removal of pollutants, prior to discharge into the public
stormwater system, designated buffers, or natural resources inventory sites.
Vegetative Buffer. A strip of protected land not less than 25 feet in width separating ground
disturbed by construction activity from a water feature, natural resources inventory site, or a property
line, whichever is nearest, containing vegetation at least one inch in height that covers at least 80
percent of the buffer area. The buffer area shall be on the site covered by the Land and Drainage
Alteration Permit.
Visible or Measurable Erosion. Evidence of concentrated flows of water over bare soils, turbid
or sediment laden flows, or evidence of on-site erosion including rivulets on bare soil slopes where the
flow of water is not filtered or captured on the site using the techniques recommended in the City’s
Design Manual or an approved Land and Drainage Alteration Plan, or comparable techniques; and,
earth slides, mud flows, earth sloughing, or other earth movement which leaves the property.
Water Features. Permanent or intermittent bodies of water, including creeks, streams, ponds,
rivers, lakes, natural resources inventory sites, drainage channels and jurisdictional wetlands.
Attachment 1 Page 8 of 23
Exhibit A Page 6 of 21
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Wetlands. Any lot or portion of a lot which meets the state or federal definition of wetlands
that is under the jurisdiction of state or federal laws and also all wetlands identified on the city’s Local
Wetland Inventory.
Wet Weather Season. October 1 through April 30, unless otherwise designated by the director.
8.408 Outcomes.
(1) All persons conducting construction activities specified in section 8.404(1) shall
employ, to the maximum extent practicable, erosion prevention and construction site management
practices which will achieve during both the construction period and wet weather season the following
outcomes:
(a) Adjacent properties, water features, and natural resources inventory sites are
kept free of deposits or discharges of soil, sediment or construction-related material from the
site except those that would occur through natural processes from an undisturbed site.
(b) Vegetation in water features, natural resources inventory sites, and associated
bank and/or riparian areas adjacent to construction sites are preserved or protected from
impacts that exceed those that occur through natural processes on an undisturbed site.
(c) Public rights-of-way, the public stormwater system and natural resources
inventory sites, private streets and private stormwater drainage systems that discharge to the
public stormwater system are kept free of mud, soil, hazardous materials, concrete washout,
trash, or other similar construction-related material. Direct deposit, dropping, dumping, erosion,
tracking, or other discharge by construction vehicles of materials shall not occur in excess of
those that occur through natural processes from an undisturbed site. Any discharges that occur
shall be prevented from entering water features or the public stormwater system and removed
not later than the end of the day in which the discharge occurred, or as directed by the
director. During the wet weather season all other work shall cease until such time the discharge
has been corrected.
(d) Soils and stockpile areas shall not be exposed to precipitation or stormwater
runoff without the provision of secondary containment, perimeter controls, and other approved
BMPs.
(e) Earth slides, mudflows, earth sloughing, or other earth movement that has the
potential to leave the property shall not occur in excess of those that occur through natural
processes on an undisturbed site.
(f) No discharge into the public stormwater system or natural resources inventory
sites of construction related contaminants resulting from activities including, but not limited to,
cleaning or washing of equipment, tools, or vehicles, shall occur.
(g) No hazardous substances, including paints, thinners, saw cutting slurry, fuels
and other chemicals shall be released onto the site, onto adjacent properties, or into water
features, the public stormwater system, or natural resources inventory sites.
(h) Maintain, on the site, all materials and supplies to implement the Land and
Drainage Alteration Plan.
Attachment 1 Page 9 of 23
Exhibit A Page 7 of 21
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(2) When designing and implementing BMPs to meet the above outcomes, the applicant
shall consider the seasonal variation of rainfall, temperature, and other climatic factors relative to the
timing of land disturbance activities. All construction activity that will result in soil disturbance during
the wet weather season shall, at a minimum, implement and maintain the following BMPs on-site:
(a) Construction site entrances shall be graveled with crushed rock of sufficient
size and grading as necessary to prevent any off-site tracking.
(b) All stormwater facilities, water features, and natural resources inventory sites
shall be protected.
(c) All exposed soil and stockpile areas shall be covered.
(d) Sediment, soil, or construction related material shall be removed immediately
from the right-of-way, adjacent property, and the public stormwater system, including water
features and natural resources inventory sites.
(3) No Land and Drainage Alteration Permit or other approval issued in accordance with
these regulations shall be considered to authorize any violation of the above outcomes or wet weather
requirements.
8.410 Designation of Sensitive Areas.
(1) The City Manager shall publish, and from time to time maintain a map which shows:
(a) All parcels where the slope of the lot is greater than 15 percent and/or is
subject to the City’s Hillside Development Overlay district;
(b) All drainage ways or swales;
(c) All wetlands;
(d) All floodways or floodplains.
The areas depicted on such map, and all parcels adjacent to drainage ways or swales, shall be
sensitive areas for the purpose of this article.
(2) An applicant may request an exception to the sensitive area requirement by
submission of actual field or site information that demonstrates that the proposed work area will not
adversely impact the relevant inventoried natural resource.
(3) An applicant who disagrees with the director’s final determination about the
designation of a sensitive area may appeal that decision to the City Manager or designee.
8.412 Land and Drainage Alteration Permits.
Commentary: Subsection (1)(c) is added to comply with new requirements in the MS4 Permit. Under
the MS4 Permit Schedule A.3.d.ii, the City is required to implement construction site runoff control
(accomplished through the LDAP permit) for all construction project sites that result in a land
disturbance of 7,000 square feet or more. Conforming changes are proposed to (2)(a). The proposed
code retains the permit requirement for sites disturbing an acre or more, as required by MS4 Permit,
Schedule A section 3(d)(v).
Attachment 1 Page 10 of 23
Exhibit A Page 8 of 21
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Additionally, the changes to subsections (1) and (2) clarify that an LDAP is required for any cut and fill
for inhabited structures. Non-habitable structures that are less 200 square feet (the trigger for building
permit review) would not require LDAP review. Other existing thresholds for LDAP review are not
proposed to change.
(1) Land and Drainage Alteration Permit Required. Unless otherwise provided in these
regulations and section 8.300 et seq., no person shall commence any construction related activity
without first obtaining from the City a Land and Drainage Alteration Permit, if the proposed
construction related activity:
(a) Exceeds 50 cubic yards or more of material on any one lot and/or adversely
affects drainage from or onto adjoining properties;
(b) Disturbs 500 square feet located in a sensitive area as specified in
section 8.410;
(c) Disturbs 7000 square feet on any one lot or across contiguous lots under the
same ownership;
(cd) Disturbs one or more acres of land at any one time by one or more phases of
development, and the disturbance is located on the same lot or on contiguous lots under the
same ownership; or.
(e) Results in any amount of cut or fill for the placement of an inhabited structure.
(2) Waiver of Land and Drainage Alteration Permit. Regardless of any other provisions of
this section, the following activities shall not require a Land and Drainage Alteration Permit; however,
under no circumstances shall this waiver be construed to mean that these activities are exempt from
any of the Land And Drainage Alteration Program requirements of the SMCthis code and these
regulations other than the requirement to obtain a Land and Drainage Alteration Permit. The following
activities shall be subject to other provisions, including, but not limited to, the outcome requirements
specified in section 8.408:
(a) Construction activities involving the disturbance of less than 500 square feet of
land surface area in a sensitive area, or activities which consist of the excavation and fill of less
than 50 cubic yards of material or less than 7000 square feet in area, construction activities
associated with building a nonhabitable one-story detached accessory structure such as a shed
or garageor excavation or fill not intended to support a structure;
(b) The issuance of Land and Drainage Alteration Permits and/or approvals for
interior improvements to an existing structure, or other approvals for which there is no physical
disturbance to the surface of the land;
(c) Construction of external additions to existing single unit dwellings and duplexes,
provided the area and volume of excavation and/or fill does not exceed the disturbance limits
specified in section 8.412(1); and
(cd) Landscape maintenance activities on fully developed properties, necessary to
maintain the existing developed landscape.
Attachment 1 Page 11 of 23
Exhibit A Page 9 of 21
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(3) Land and Drainage Alteration Permit Classifications.
(a) Type I Land and Drainage Alteration Permit. This permit applies to a property
owner or agent that obtains a permit for construction that is located within a sensitive area or is
conducting commercial construction activity;
(b) Type II Land and Drainage Alteration Permit. This permit applies to a property
owner or agent that obtains a permit for residential construction of a single unit or a duplex and
is not located within a sensitive area;
(c) Pre-Approval Land and Drainage Alteration Permit. This permit may be issued prior to
preliminary site plan review approval or tentative partition or subdivision approval and shall comply
with section 8.318(7) of the Springfield Municipal Code.
(4) Application. In addition to the payment of any required fees, an An application for a
Land Alteration and Drainage permit must be submitted by the property owner or a person who has
written authorization from the property owner to make the application, on the application form
prescribed by the Director and complete with all information required on said form or otherwise
specified in the provisions of this code. shall include a signed application form and, in In the case of a
Type I Permit, the application must include a completed Land and Drainage Alteration Plan, prepared in
accordance with subsection (6) of this section, and such other information as the City may require to
act upon the application.
(5) Interdependent Land and Drainage Alteration Permit Processing. The application and
processing of other city permits, including, but not limited to, Encroachment Permits, Tree Felling
Permits, Foundation and Building Permits, are interdependent with the Land and Drainage Alteration
Permit process. The development and public works director shall not issue any of these other permits
except as follows:
(a) Until the director has conducted a site inspection, and approved a required
Land and Drainage Alteration Permit, or has determined a permit is not required; or
(b) If the property owner or applicant is in violation of a Land and Drainage
Alteration Permit, or any conditions of approval. Regardless of the requirements in this
subsection, the director may issue Land and Drainage Alteration Permits for construction of
public improvement projects in accordance with provisions of the SMCthis code prior to the
approval of the Land and Drainage Alteration Permit. No construction activities shall begin on
the public improvements until the director approves the implemented erosion and sediment
control measures.
Commentary: SMC 8.412(6) meets the requirement in the MS4 Permit Schedule A.3.d.iv.A-B and
A.3.d.v, requiring site-specific erosion and sediment control plan prior to construction or land
disturbance, per a template provided by the City, which must include consideration of the potential
water quality impacts. Subsection (6) also includes provisions from the Soils and Geology Report
incorporated from SMC 8.314.
Attachment 1 Page 12 of 23
Exhibit A Page 10 of 21
{00028897:3}
(6) Required Plans and Reports.
(a) The Land and Drainage Alteration Plan. A Land and Drainage Alteration Plan shall be
prepared by a certified professional and shall describe the techniques and methods to be used to
achieve the required outcomes including specific BMPs for wet weather conditions, describe conditions
before and after development, and the proposed methods to prevent and control water quality impacts
during and after construction. The professional shall certify that implementation of the Plan ensures
compliance with section 8.408(1). The director shall review the Plan prior to issuance of a Land and
Drainage Alteration Permit and may monitor the development thereafter for continued compliance. The
Land and Drainage Alteration Plan shall meet the minimum submittal requirements as listed on the
City’s application materials approved by the director.
(b) Soils and Geology Report. A Soils and Geology report shall be prepared by a licensed
engineer. The director may require that the engineer consult with a registered geologist or registered
certified specialty geologist in preparation of the Soils and Geology Report. The Soils and Geology
Report may be waived when a preliminary report prepared by a licensed engineer demonstrates that
the soils quality of the proposed development area does not require further soils and geology analysis.
When not waived under this section, the Soils and Geology report must include:
(i) A description of the surface and subsurface drainage facilities necessary to secure
stability of native soil or compacted fill;
(ii) The location of areas within the boundaries of the development which can justifiably
and safely be used for building sites, with accompanying diagram;
(iii) Guidelines to be used to adequately and properly develop and maintain the
development area, such as the limits upon the height of cuts and fills and steepness
of slopes, recommended erosion control measures, retaining wall locations, and any
necessary corrective measures;
(iv) An analysis of areas immediately adjacent to the proposed development which, after
land and drainage alteration, might have an adverse effect upon the proposed
development or might be adversely affected by the alteration;
(v) Requirements for excavations and fills for any building or structure, including any
requirements under the state building codes; and
(i)(vi) The presence of critically expansive soils or other soil problems which, if not
corrected, would lead to structural defects. If the Soils and Geology Report indicates
any such areas, the report must address each lot or areas with said soil conditions
and identify corrective action that is likely to prevent structural damage to the
proposed structures.
Commentary: Subsection (7) meets the requirement in Schedule A.3.d.iv.D for the required plans to be
kept on site and available for inspection by relevant officials, such as the City or the Department of
Environmental Quality. Subsection (8) includes language from 8.336 regarding site inspections and
rights of entry, with revisions for clarity and to align with constitutional requirements.
(7) Availability. The approved Land and Drainage Alteration Plan and Soils and Geology
Report, where required, shall be kept at the construction site and be available during on-site
inspections.
Attachment 1 Page 13 of 23
Exhibit A Page 11 of 21
{00028897:3}
Commentary: Edits to this section are intended to align with the Development Code Update project
that was adopted in 2022. This section and the criteria in 8.416 also help meet the requirements in
MS4 Permit Schedule A.3.d.iv-v for review and approval of erosion and sediment control plans.
8.414 Review Criteria and Approval.
(1) Review Criteria. The director shall review the Land and Drainage Alteration Permit
application, including the Land and Drainage Alteration Plan, and other documents as may be
submitted, and the report or recommendation of the site inspector following the site inspection, prior to
issuing the permit. The Director must and approve, approve with special conditions, or deny the
permit application as follows:.
(a) Approval. The Director must approve and issue the permit if the Director finds
that the construction related activities as proposed in the application comply with all applicable
requirements of this code and with the layout of any approved or conditionally approved
development permit under the Springfield Development Code, including a minimum
development standards (MDS) permit, preliminary site plan review, or tentative land division.
The Director may approve and issue a Land and Drainage Alteration Permit in absence of an
approved development permit only if the Director finds that the Land and Drainage Alteration
Permit complies with the criteria in section 8.416.
(b) Conditional Approval or Denial. The Director must deny the permit application if
If the director finds that the construction related activities as proposed in the permit will result
in sedimentation, visible or measurable erosion, or will otherwise violate the conditions specified
in section 8.408 or any other applicable provision of this code. Provided, however, the Director
may approve the permit application and issue the permit with special conditions necessary to
meet the requirements of this code, if the Director determines that such conditions are
reasonably feasible. then the director shall either deny the permit, or approve the permit with
special conditions.
(2) Effective Date. Permit approval shall notA Land and Drainage Alteration Permit is be
effective until only upon approval or conditional approval by the Director, following a site inspection
has occurred and the permit is endorsed with the approval of and endorsement of the permit by the
site inspector, which may include additional conditions imposed as a result of the inspection.
(1)(3) Appeal. An applicant who is denied a permit Land and Drainage Alteration Permit may
appeal to the City Manager or designee by providing written notice of the appeal within 30 calendar
days of receiving the permit denial.
Commentary: The existing code regarding Conditions has been integrated into SMC 8.414 above.
Section 8.416 is proposed to be replaced with text being moved from 8.318(7) for pre-development
LDAP review (with clarifying edits).
8.416 ConditionsPre-Approval Permit Criteria.
Every Land and Drainage Alteration Permit shall include as conditions the outcomes set forth in
section 8.408, and any special conditions imposed as a result of the Land and Drainage Alteration
Permit review and/or the site inspection.
The requirements of this section apply to a permit application submitted in advance of development
approval under the Springfield Development Code:
Attachment 1 Page 14 of 23
Exhibit A Page 12 of 21
{00028897:3}
(1) The Permit must not result in the need to extend public storm systems to the site or to
alter, reconstruct, or redirect any existing public or private stormwater facility.
(2) The Permit application must contain the following information:
(a) The name, location, dimensions, direction of flow and top of bank of all adjacent
watercourses including those that are shown on the City’s Water Quality Limited Watercourse
Map;
(b) The 100-year floodplain and floodway boundaries and areas of special flood
hazard designated by the City Engineer as susceptible to inundation of water from any source
that may affect the site. If fill occurs in the flood plain, the director may require analysis of the
effects of the fill on flooding of adjacent properties;
(c) The Time of Travel Zones as delineated on the Springfield Wellhead Protection
Areas Map that affect the site; and
(d) Physical features including, but not limited to, riparian vegetation, trees over 5
inches or greater DBH, open drainage ways, watercourses shown on the Water Quality Limited
Watercourse Map and their riparian areas, identified archeological and/or historical sites,
identified threatened or endangered species habitat, areas considered for inclusion in the City’s
Goal 5 lands inventory, jurisdictional wetlands and rock outcroppings.
(3) The features listed in subsection (2) above must be retained and protected until such features
are fully considered through a site plan review preliminary plan, subdivision tentative plan application,
partition tentative plan application, tree felling permit, or other applicable development approval. To
ensure retention of trees over five inches or greater DBH, the director may require a tree protection
plan.
(4) Except for grading of less than 100 cubic yards associated with the construction of a
single-family dwelling, an informational notification shall be provided to owners and residents of
property within 100 feet of the property line where the construction activities proposed under the
permit will take place. This notification must be mailed at least five days before the Permit is issued
and must include the property address and an 8 1/2″ x 11″ map depicting the location of the
construction related activities as proposed in the application, the amount of material to be graded and
approximate dates the work is to take place. The applicant must pay a fee for this notification at the
time of application.
(5) A permit issued under this section must not authorize the placement or construction of
public or private utilities or facilities, unless the Director finds that such utilities or facilities are
necessary to ensure that the proposed land and drainage alteration is adequately protective of public
health, safety, and general welfare. In this event, the applicant must obtain from the City the additional
permits necessary to construct such utilities or facilities.
(6) All work conducted within existing and/or proposed public rights-of-way shall be limited
to the minimum necessary, in the opinion of the City Engineer, to ensure that the proposed land and
drainage alteration is adequately protective of public health, safety, and general welfare.
(7) Material from the demolition of existing impervious surface (concrete, asphalt, etc.)
must be legally disposed of off-site not later than one month after its demolition.
(1)(8) The applicant must secure other approvals necessary to proceed with the
proposed grading, including such overlay district requirements for floodplain, hillside, historic district,
the Willamette Greenway, tree felling or any regulated wetland, or any permits necessary from any
other agency having jurisdiction over all or a portion of the work, before the Director issues a Pre-
Approval Land Drainage and Alteration Permit under this section.
Attachment 1 Page 15 of 23
Exhibit A Page 13 of 21
{00028897:3}
Commentary: This section adds language that the permit expires after 180 days, from SMC 8.328.
8.418 Land and Drainage Alteration Permit Duration.
(1) Permit Duration. An approved Land and Drainage Alteration Permit shall remain in effect
for the full period of construction activity. The permit may be extended for a period of up to, but not to
exceed, one year after completion of the construction activities, if the director determines the
extension is necessary to ensure the construction activity has stabilized in accordance with the
outcomes specified in section 8.408. Land and Drainage Alteration Plans proposing work between
October 1 to April 30 shall include wet weather BMPs.
(2) Expiration. An approved Land and Drainage Alteration Permit becomes null and void if
the construction authorized by such permit is not commenced within 180 days from the date of such
permit, or if the construction authorized by such permit is suspended or abandoned at any time after
the work is commenced for a period of 180 days.
Commentary: This section adds language regarding site inspection and right of access by the City for
permitted sites, from SMC 8.336.
8.420 Construction Site Control Measures and Design Standards.
(1) Construction Site Practices. In addition to compliance with specific requirements
contained in an approved Land and Drainage Alteration Permit, all permit holders shall establish and
implement Land and Drainage Alteration Plan practices that will prevent toxic materials and other
debris from entering the City’s storm drainage and waterway systems. The following construction site
practices shall be prohibited and constitute a violation of these regulations:
(a) Improper storage of chemicals (e.g., pesticides, fertilizers, fuels, paints,
plasters, thinners);
(b) Improper disposal of construction waste material, garbage, rubbish, and
sanitary waste, plaster, dry-wall, grout, gypsum;
(c) Failure to immediately clean up spills of toxic materials;
(d) Washing excess concrete material or other construction related material into a
street, catch basin, or other public facility, the public stormwater system, private stormwater
drainage systems that discharge to the public stormwater system, natural resources inventory
sites, or other protected area identified on the approved Land and Drainage Alteration Plan;
(e) Allowing construction vehicles to track or spill soil, oil or debris into or onto a
street or public right-of-way;
(f) Ground disturbing activities or destruction of vegetation in protected areas;
(g) Beginning construction activities without a valid permit or prior to initial site
inspection by director; and
(h) Failure to maintain BMPs including, but not limited to, a sediment fence, inlet
protection, or concrete wash out.
Attachment 1 Page 16 of 23
Exhibit A Page 14 of 21
{00028897:3}
(2) Prevention Measures and Design Standards. The City’s Engineering Design Standards
and Procedures Manual may be utilized to obtain ideas as to how to achieve the outcomes mandated
by section 8.408(1). Except as provided in section 8.408, it is not necessary to utilize any of the specific
BMPs contained in the City’s Engineering Design Standards and Procedures Manual, nor is the use of
one or more of those BMPs a guarantee that a permit will be issued. Each site and the proposed
construction related activities need to be examined to determine what measures are required for that
specific site.
(3) Inspection of Work. All work under an approved Land and Drainage Alteration Permit is subject
to inspection by the Director. The director or authorized representative may go upon the subject
property for the purpose of making inspections and performing other duties pursuant to this code. No
person shall interfere with a lawful inspection under this code.
Commentary: This section was previously 8.306, and is renumbered here to 8.421 and revised as
shown below, to directly reference the existing administrative abatement procedures in the Springfield
Municipal Code, which is used to abate other hazardous property conditions as needed. The
Administrative Abatement procedures in 5.006 to 5.018 provide for a notice of abatement and
opportunity for the responsible party to perform the abatement themselves, or else the City will
perform the abatement and lien the property for the costs. The code also provides for summary
abatement without prior notice in the event of an imminent danger to public safety or other emergency
condition.
8.421306 Abatement of Hazards.
Whenever the director determines that any existing excavation, or embankment, or fill on
private property has become a hazard to life and limb, or endangers property, or adversely affects the
safety, use, or stability of a public way or drainage channel, the director may cause said condition or
conditions to be abated pursuant to administrative abatement procedures in sections 5.006 through
5.018 of this code the owner of the property upon which the excavation or fill is located, or other
person or agent in control of said property, upon receipt of notice in writing from the director, shall
within the period specified therein repair or eliminate such excavation or embankment so as to
eliminate the hazard and be in conformance with the requirements of this code.
Commentary: SMC 8.320 is renumbered here as 8.422
8.422320 Excavations.
(1) Unless otherwise permitted, the slope of any bank in an excavation shall not be
steeper than one and one-half horizontal to one vertical, except that such slope may be required to be
flatter if soil conditions are found to be unfavorable, or an adjacent foundation or structure may be
endangered.
(2) Terraces at least six feet in width shall be established at not more than 30-foot
vertical intervals on all cut slopes to control surface drainage and debris except that where only one
terrace is required, it shall be at mid-height. For cut slopes greater than 60 feet and up to 120 feet in
vertical height one terrace at approximately mid-height shall be 12 feet in width. Terrace widths and
Attachment 1 Page 17 of 23
Exhibit A Page 15 of 21
{00028897:3}
spacing for cut slopes greater than 120 feet in height shall be designed by an engineer and approved
by the director. Terraces shall have a transverse slope of not less than five horizontal to one vertical
sloping down towards the bank above the terrace and a longitudinal slope of not less than two percent.
Suitable access shall be provided to permit proper cleaning and maintenance pursuant to this code.
Swales or ditches on terraces shall have a minimum gradient of five percent and must be paved with
concrete not less than three inches in thickness or an approved equal paving. They shall have a
minimum depth at the deepest point of one foot and a minimum paved width of five feet. A single run
of swales or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet
(projected) without discharging into a down drain.
(3) Cut slopes shall be provided with subsurface drainage as necessary for stability.
Commentary: SMC 8.322 is renumbered here as 8.424.
8.424322 Ground Preparation for Embankments.
(1) The area on which an embankment or fill is to be placed shall be cleared of all
vegetation, such as trees, logs, stumps, and roots of trees, brush, heavy growth of grass and weeds,
and any other objectionable material, such and debris, concrete foundations, metal, or non-earthen
materials which cannot be properly consolidated or will not support the load of the embankment or
structures. The cleared area shall extend to a width of two feet outside the area to be filled. All trees,
existing stumps and large roots shall be removed, except that within the area where fills will be three
feet or more in height, trees may be cut flush with the existing ground and grubbing of the remaining
stumps will not be required except at locations where subdrainage, trenches, drain pipes, foundations
or other structures are to constructed or where unsuitable materials is to be removed before
construction of the embankment.
(2) The existing ground shall be prepared to receive fill construction by:
(a) The installation of subdrains to intercept and dispose of waters from springs,
aquifers, or other underground sources of water; and storm drains to intercept and dispose of
surface waters where required on approved plans.
(b) Compacting the ground area upon which any embankment is to be constructed
to a minimum relative compaction of 90 percent throughout the top six inches.
(3) Embankment fills shall not be constructed upon natural ground slopes which are
steeper than five horizontal to one vertical unless such embankments are keyed into the natural
ground; and the native material together with the fill material shall be recompacted to a relative
compaction of 90 percent. The width of the benches for keying new embankments to existing slopes
shall not be less than 10 feet. The construction operation shall be such that a slip plane is not created
between the original material and the newly compacted material.
Attachment 1 Page 18 of 23
Exhibit A Page 16 of 21
{00028897:3}
Commentary: SMC 8.324 is renumbered here as 8.426.
8.426324 Embankment and Backfill.
(1) The slopes of an embankment shall not be steeper than two horizontal to one vertical,
except where the soils and geology report indicates that steeper slopes may be constructed and
maintained safely without creating a potential sliding or erosion condition.
(2) In fills over 20 feet in height, a terrace having a minimum width of six feet shall be
constructed in the fill slopes, with a maximum vertical spacing of 20 feet between terraces or from the
top or bottom of the fill slopes, except that the vertical spacing may be increased if slopes are
commensurately flattened where such increase and flattening is recommended by an engineer and
approved by the director. The terrace shall have a transverse slope of not less than five horizontal to
one vertical sloping down towards the embankment, and a longitudinal slope of not less than two
percent. Drainage along the terrace shall be provided as required by section 8.4248.322 of this code.
(3) (a) Except as noted below for rock fill, material for embankments and backfills
for excavations, slides, walls and other structures shall be spread in layers not exceeding eight inches
in loose thickness before compaction, and each layer shall be compacted to a relative compaction of
not less than 90 percent.
(b) The side slopes of all embankments shall be compacted by means of tampers or
rollers to a minimum of 85 percent relative compaction.
(4) (a) When fill material includes rock, individual rock shall not be greater than
three feet in greatest dimension, and no rock larger than six inches in greatest dimension will be
permitted less than 18 inches below finished grade of the embankment. No large rocks will be
permitted to nest, and all voids shall be filled with earth or other fine material and properly compacted.
(b) Material used for backfilling within 18 inches of walls or other structures shall be
free from stones or lumps of material exceeding four inches in greatest dimension.
(5) At the time of compaction, the moisture content of the embankment material shall be
such that the minimum relative compaction specified may be obtained with the compacting equipment
being used. Water shall be added in the required amount to obtain the optimum moisture content for
achieving maximum density. Compaction of embankment material which contains excessive moisture
shall be delayed until the material has been allowed to dry to such an extent that the relative
compaction specified may be produced with the compacting equipment being used.
(6) Sufficient field and laboratory tests to determine the relative compaction of the
ground and embankment material shall be taken and shall not be less frequent than necessary to
obtain compaction tests in each two feet of vertical lift of the embankment. The results of such testing
shall be included in the reports required by section 8.4368.338 of this code.
(7) The absence of compaction test reports, or inaccuracies or inconsistencies in the test
results shall be deemed sufficient to reject the completed construction or to delay issuance of a
certification of completion until additional test reports are satisfactory and indicate compliance. The
director may require a certificate by an approved soils testing agency based on the tests of the fill at
selected elevations.
Attachment 1 Page 19 of 23
Exhibit A Page 17 of 21
{00028897:3}
Commentary: SMC 8.330 is being renumbered 8.430. This section helps ensures that applicants
proactively update or resubmit permit applications when conditions at a site change or do not match
what was approved in the permit, or if another dangerous condition occurs. If an applicant does not
update their Permit (and associated plans) due to changed conditions, then the City may suspend or
revoke the permit until the applicant corrects the conditions and/or submits a new permit application
with corrected plan(s). This section ensures compliance with MS4 Permit Schedule A.3.d.iv.C, which
requires erosion and sediment control plans be maintained and updated as site conditions change, or
as needed.
8.430330 Permit Suspension or Revocation.
(1) The director may, in writing, suspend or revoke a permit issued under the provisions
of this code whenever it is found that:
(a) The permit was issued in error or on the basis of incorrect information;
(b) Conditions at the site vary appreciably from that stated in the application or
shown on the grading plans;
(c) Construction does not conform to the approved plans, grades, or other
conditions of the grading permit;
(d) Cessation of work before completion have, left the site in a condition hazardous
to public or to the adjacent properties, and the applicant does not comply with reasonable
requirements as to completion of the work within the time specified in the permit or an
approved extension of time therefor;
(e) The applicant does not comply with reasonable requirements to safeguard the
workers, the public, or other persons acting in a lawful manner, during his or her construction
operations;
(f) The applicant, in transporting materials, or operating equipment in, around, to
and from the site and in connection with the grading operations for which the permit was
issued, fails to operate the equipment properly on or along public roads, or allows materials or
litter to encroach, obstruct or be deposited on pavement, or in drainage channels, or otherwise
within the road right-of-way, to the detriment of the public road, or creates a hazard on the
public road, or causes unauthorized obstruction or diversion of drainage channels within the site
areas;
(g) Failure to have a qualified inspector, working under the supervision of a
registered engineer, on the site during construction operations when so required under the
permit.
(2) Upon issuance of a notice to cease work, or the suspension of the grading permit, the
applicant shall immediately cause all grading and hauling operations connected therewith to cease until
permission is received from the director allowing the applicant to proceed after correcting the
objectionable conditions or operations so as to eliminate the hazard or encroachment and to prevent
recurrence of the situation.
Attachment 1 Page 20 of 23
Exhibit A Page 18 of 21
{00028897:3}
(3) Upon the order of the director, any grading permit so suspended may be either
reinstated or revoked. Whenever a permit has been revoked, work on the site shall not again
commence until a new application has been filed incorporating the necessary revisions in plans or
methods of operation required to fulfill the intent of sections 8.400 to 8.436 8.300 to 8.338 and in
accordance with the regulations herein, and approved by the director.
Commentary: SMC 8.332 is being renumbered 8.432.
8.432332 Fees.
(1) Plan Checking Fee. For excavation and fill on the same site, the fee shall be based on
the volume of the excavation or fill, whichever is greater. Before accepting a set of plans and
specifications for checking, the director shall collect a plan-checking fee. Where not covered by the
approved improvement plans for the development, separate permits and fees may apply to retaining
walls or major drainage structures in accordance with the state building code. There shall be no
separate charge for standard terrace drains and similar facilities. The amount of the plan checking fee
for grading plans shall be based on the average actual costs as set forth by resolution of the City
Council. The rates and charges herein provided are for incurred costs based upon the use or availability
for use of the public right-of-way and/or the storm sewer system, as well as for meeting the routine
obligations of ownership, which is necessary for the regulation of and provision for, the public health,
safety and welfare. The charge is controlled by the user’s or potential user’s request and choice of the
kind, nature and quantity of use. The plan-checking fee for a grading permit authorizing additional
work to that under a valid permit shall be the difference between such fee paid for the original permit
and the fee shown for the entire project.
(2) Grading Permit Fees. A fee for each grading permit shall be paid to the director based
on the average actual costs as set forth by resolution of the City Council. The rates and charges herein
provided are for incurred costs based upon the use or availability for use of the public right-of-way
and/or the storm sewer system, as well as for meeting the routine obligations of ownership, which is
necessary for the regulation of, and provision for, the public health, safety and welfare. The charge is
controlled by the user’s or potential user’s request and choice of the kind, nature and quantity of use.
The fee for grading permit authorizing additional work to that under a valid permit shall be the
difference between the fee paid for the original permit and the fee shown for the entire project.
Commentary: SMC 8.334 is renumbered here as 8.434, with revisions as shown below. The changes
include reorganizing the content for better clarity, and separating out the requirements for the form of
financial security into a new subsection, and replacing detailed bond requirements with a general
requirement that financial security be in a form approved by the City Attorney. This change allows
more flexibility for the types of security accepted by the City, depending on specific circumstances. In
addition, the amount of financial security required is increased from 110% to 120% to be consistent
with other financial security requirements for development-related activities in the City of Springfield.
8.434334 BondsFinancial Security.
(1) When Bond Financial Security is Required. The director may require that the applicant
file financial security if If the director determines that the nature of the work regulated permitted is
such that, if left incomplete, it will result in any one or more of the following conditions:
Attachment 1 Page 21 of 23
Exhibit A Page 19 of 21
{00028897:3}
(a) endanger Endangering an adjoining property or street, ; or will
(b) create Creating a hazard to human life or health on any property;, or will
(c) nNegatively affecting any physical features including, but not limited to: riparian
vegetation, ; trees over five inches or greater DBH, ; open drainage waysstormwater
management facilities, ; watercourses shown on the Water Quality Limited Watercourse Map
and their riparian areas, ; locally significant riparian areas; locally significant wetlands; identified
archeological and/or historical sites, identified threatened or endangered species habitat, areas
considered for inclusion in the City’s Goal 5 lands inventory, jurisdictional wetlands, or and rock
outcroppings.,
(2) Amount of Required Security. Required security must equal to 120 percent of the cost
of the design, materials, and labor of the work proposed by the permit, or 120 percent of the amount
necessary to return the site to pre-alteration conditions, whichever amount is determined in the public’s
best interest by the director. Required security must consist of cash, certified check, time certificate or
deposit, or lending agency certification to the City that funds are being held until completion. When the
final permitted improvements are complete and certified by the Director, any portion of the remaining
security deposited with the City, including any accrued interest, will be returned to the depositor. The
financial security must be in a form approved by the City Attorney. Such bond or other security shall
obligate the principal, his or her executors, administrators and assigns, jointly and severally, and the
surety, to the city for the faithful performance of the work required. Such bond or other security shall
further provide that it will not be challenged or terminated until at least 30 days’ notice thereof has
been filed with the director.
(23) Notice of Default. Whenever the director shall finds that a default has occurred in the
performance of any term or condition of any permit, written notice thereof shall be given to the
principal and to the surety on the bondfinancial security. Such notice shall state the work to be done to
achieve a safe and satisfactory condition and the period of time in which the work must be completed,
as deemed by the director to be reasonably determined necessary for the completion of such work by
the director.
(34) Duty of Surety. After receipt of such notice the surety shall, within the time therein
specified, cause the required work to be performed.
(45) Application of Financial Security by the City. If the required work is not completed,
or if the work is performed improperly and not remedied, within the time approved by the director,
then the City may use the security to complete the work or restore the property to pre-alteration
condition, as determined by the director. This remedy is in addition to, and not in lieu of, the City’s
other enforcement authorities. Disposition of Cash Bond. If a cash bond has been postponed and the
notice of default, as approved by the preceding paragraph, has been given to the principal, and
compliance by the principal with the notice of default is not obtained within the time specified, the
director may, upon suspending or revoking the grading permit pursuant to section 8.330 of the code,
proceed without delay and without further notice or proceedings whatsoever to use the cash deposited
to cause the required work to be done by contract or other means as may be determined at the
discretion of the director. The balance, if any, of such deposit shall, upon completion of the work, be
returned to the depositor after deducting the cost of the work plus 10 percent thereof.
Attachment 1 Page 22 of 23
Exhibit A Page 20 of 21
{00028897:3}
(5) Right of Entry. In the event of any default in the performance or any term or
condition of the permit for the work, after providing reasonable notice, the surety or any person
employed or engaged on its behalf or any authorized representative of the director shall , after
providing reasonable notice have the right to go upon the premises to complete the required work or
make it saferestore the property to pre-alteration conditions.
(6) Interference Prohibited. No person shall interfere with or obstruct the ingress or
egress to or from such premises by any authorized representative or agent of any surety or of the City
engaging in completing the work required to perform under the permit or in complying with the terms
and conditions thereof or in inspecting the grading operation pursuant to section 8.4368.338 of this
code.
(7) Term of Bond; Completion. The term of each bond posted shall begin under the date
of the posting thereof and shall end upon the satisfactory completion of the terms and conditions
stated in the permit. Such completion shall be evidenced by a certificate of completion as provided in
section 8.338, a copy of which will be sent to any surety upon request. When a cash bond has been
posted, it less any amounts deducted to pay for work performed on order of the director pursuant to
any notice of default with said work being charged at a rate three times the wages, equipment fees
and material costs, plus 40 percent overhead, or $200.00, which ever is greater, shall be returned to
the depositor upon completion of the work.
Commentary: SMC 8.338 is renumbered here as 8.436, with minor revisions for clarity.
8.338 436 Completion of Work.
(1) Final Reports. Upon completion of the rough grading work and at the final completion
of the work, the director may require that the grading plan prepared by the engineer be supplemented
or amended to show the final as-built conditions of the site, including the original ground surface
elevations, the as-graded ground surface elevations lot drainage patterns and locations and elevations
of all surface and subsurface drainage facilities. He or sheThe engineer who prepared the grading plan
shall provide approval that the work was done in accordance with the final approved grading plan.
(2) Notification of Completion. The applicant permittee or agent shall notify the director
when the grading operation is ready for final inspection. The director will provide Ffinal approval shall
not be given untilwhen all work has been completed under the permit, including installation of all
drainage facilities and their protective devices; and all erosion control measures have been completed
in accordance with the final approved grading plan; and the all required reports and as-built plans have
been submitted and approved by the director.
Attachment 1 Page 23 of 23
Exhibit A Page 21 of 21
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GRADING
Commentary: SMC 8.300 is duplicative to 8.400 and should be repealed, with key grading
provisions to be integrated into 8.400 or renumbered.
8.300 General.
Sections 8.300 to 8.338 sets forth specific rules and regulations to control excavating,
grading, and earthwork construction, including fills and embankments; establishes the
administrative procedure for issuance of permits; and of safeguarding persons and property
against unreasonable hazards resulting from uncontrolled grading and excavating practices in
the interest of protecting the public health, safety and general welfare.
The permit issued by the city for this work is called the Land and Drainage Alteration Permit.
Commentary: SMC 8.302 is duplicative to parts of 8.412 and what is not duplicative is
inconsistent with the MS4 Permit, and should be repealed
8.302 Permits Required, Exceptions.
(1) Permits Required. Unless exempted herein, no person shall perform any
grading work without first having obtained a permit as provided for herein. Grading work shall
include:
(a) The excavation or removal of earth or rock from the surface layers of the
ground;
(b) The movement or transportation of earth around, along, over, or on the
surface of the ground other than transporting the material in trucks from one site to another
over public or private roadways; or
(c) The deposition, placement or compaction of earth materials for the
construction of fills.
(2) Exceptions. No grading permit will be required for the following work;
however, all grading work exempted from permit requirements shall comply with all other
regulations of the city and laws of the state of Oregon:
(a) An excavation below finished grade for basements of a building, retaining wall,
swimming pool or other structure authorized by a valid building permit so long as the
excavation conforms to an approved grading plan. Where there is no approved grading plan,
the director of public works or designee, hereinafter referred to as director, may require
submittal of such a plan for approval. This subsection shall not exempt any fill made with
material from such excavation or exempt any excavation having an unsupported height greater
than five feet after the completion of such structure.
(b) Cemetery graves.
(c) Refuse disposal sites controlled by other regulations.
(d) Excavations for wells or tunnels or utilities.
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(e) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel,
aggregate or clay where established or provided for by law provided such operations do not
affect the lateral support or increase the stress in or pressure upon any adjacent or contiguous
property.
(f) Exploratory excavations under the direction of an engineer, registered
geologist, or registered certified specialty geologist.
(g) An excavation which (a) is less than two feet in depth, or (b) which does not
create a cut slope greater than five feet and steeper than one and one-half horizontal to one
vertical, which does not extend to within two feet of adjoining property, and which does not
adversely affect drainage from or onto adjoining properties.
(h) A fill less than one foot in depth, and placed on natural terrain with a slope
flatter than five horizontal to one vertical, or less than three feet in depth, not intended to
support structures, which does not exceed 50 cubic yards on any one lot and does not
adversely affect drainage from or onto adjoining properties.
(i) All excavation and grading done under other valid permits is exempt.
Commentary: The contents of SMC 8.304 is covered under SMC 8.412 (requiring a permit), SMC
4.370-4.372 (prohibiting illicit discharges to the stormwater system), and SMC 3.208-3.222
(regulating work on or under the surface of public rights of way and public utility easements).
This section should be repealed.
8.304 Actions Prohibited.
It shall be unlawful for any person to:
(1) Perform any work within the scope of this code without first having obtained a
permit from the director pursuant to this code unless specifically exempted from permit
requirements.
(2) Excavate, grade or place fill material on or within any property, whether or not
a permit is required under the provisions of this code, so as to cause or allow dirt or debris to
be washed, eroded or carried from said property by natural or artificial means onto other
property or on to a public road or street. The depositing of earth, soil, rock, mud or litter upon
the public roads either by grading operations or by hauling equipment is prohibited, except as
otherwise provided for street improvements and/or stockpiling for which a permit has been
issued.
(3) Obstruct, divert or interfere with natural or artificial surface drainage way,
except for such construction or operation that may be approved by the director.
(4) Perform any work or construct any facility, including excavation or
embankment, trenching, driveway construction or drainage facility, within the right-of-way for a
public road or street, or easement under the jurisdiction of the city of Springfield without a
permit from the director issued pursuant to sections 8.300 to 8.338 of this code.
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Commentary: This section should be renumbered to 8.421 and revised as shown below, to
directly reference the existing administrative abatement procedures in the Springfield Municipal
Code, which is used to abate other hazardous property conditions as needed. The
Administrative Abatement procedures in 5.006 to 5.018 provide for a notice of abatement and
opportunity for the responsible party to perform the abatement themselves, or else the City will
perform the abatement and lien the property for the costs. The code also provides for
summary abatement without prior notice in the event of an imminent danger to public safety or
other emergency condition.
8.306 Hazards.
Whenever the director determines that any existing excavation or embankment or fill
on private property has become a hazard to life and limb, or endangers property, or adversely
affects the safety, use or stability of a public way or drainage channel the owner of the property
upon which the excavation or fill is located, or other person or agent in control of said property,
upon receipt of notice in writing from the director, shall within the period specified therein
repair or eliminate such excavation or embankment so as to eliminate the hazard and be in
conformance with the requirements of this code.
Commentary: SMC 8.308 is covered by SMC 8.412 and 8.414 and should be repealed.
8.308 Grading Permit Conditions.
Approval of grading permits will be made subject to appropriate conditions or
reservations as may be required to insure the protection of public health, safety, or general
welfare including, but not limited to:
(1) Execution of a “hold harmless” clause on the permit as follows: “The
permittee, for him or herself, his or her contractors, and employees, agrees that the approval of
the grading permit in no manner presumes or implies the approval or terms of approval of any
other future permit required by the city for the site and indemnifies and holds approval and
further agrees to save, indemnify and hold harmless the city of Springfield and its
representatives from all liabilities, claims and judgments for damages by reason of injury or
death to any person or persons, or damage to property from any cause whatsoever while in,
upon, or in any way connected with the work covered by this grading permit, and does further
agree to defend the city in any claim arising out of or as a result of the work done under this
permit.”;
(2) Completion of the work within the time period approved by the director;
(3) Cleaning up area and planting in accordance with approved grading plans;
(4) Designation of area in which work may be done;
(5) Designation of the slope to which excavation may be made, and elevation of
filling;
(6) Reasonable provisions for controlling excessive dust;
(7) Hours during which operations may proceed;
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(8) Safety precautions which must be taken to guide pedestrian and vehicular
traffic movements in, around and by said operation, in accordance with Chapter 44 of the state
building code;
(9) Posting of a good and efficient bond as provided in section 8.334 to assure
compliance with the conditions;
(10) Other conditions which may be established as necessary by the director based
upon accepted engineering practices;
(11) Furnishing a survey or other positive evidence of property boundary lines at
the site to be graded, if deemed necessary by the director;
(12) Furnishing a qualified inspector working under the supervision of an engineer
on the site during construction operations, if deemed necessary by the director.
Commentary: SMC 8.308 is covered by SMC 8.412 and should be repealed.
8.310 Permit Application Forms.
To obtain a permit the applicant shall first file an application therefor in writing on a
form prescribed by the director for that purpose. Each application shall:
(1) Identify and describe the work to be covered by the permit for which
application is made;
(2) Describe and furnish the proposed route to the location of the filling or
disposal site for excavated material if other than on the site of the excavation.
Commentary: SMC 8.312 is duplicative to SMC 8.412(4) and (6), which specifies that the
application form requirements are to be specified by the Director. SMC 8.312 should be
repealed.
8.312 Required Information for Grading Plans and Specifications.
Submittal Requirements:
(1) Each application for a grading permit shall be accompanied by sets of plans
and specifications, and supporting data consisting of a soils and geology report, unless waived
by the director.
(2) Site data, when required by the director, shall be furnished. This information
shall include, but not be limited to, the following items;
(a) Vicinity map showing location of site or sites involved;
(b) Map showing property boundaries and dimensions or area covered by
application for permit;
(c) Map showing buildings, roads, utilities, or other improvements within the area,
and adjacent thereto, that may be affected by the proposed work;
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(d) A map drawn to a convenient scale, showing the contours of the ground and
details of terrain and drainage, for the conditions existing before and after the proposed
work. This map should show the locations of observed springs, swampy areas, areas subject to
flooding, landslides and mud flows;
(e) Cross section of the ground, if required by the director, showing both original
and proposed ground surface with grades, slopes, and elevations noted;
(f) A statement as to the general description of the earth materials involved in the
work, including classification, bedding, or other geological features, results of test borings; and
reports by an engineer as to slide conditions existing or anticipated, and as to the suitability of
the material for construction of stable embankments with recommendations for construction
procedure to obtain required stability and relative compaction.
(3) Unless otherwise incorporated in site data, or waived by the director, the
following data shall be furnished:
(a) A plan showing dimensions and elevations within the limits of the area to be
graded that will result upon completion of the work, and indicating proposed drainage channels
and facilities;
(b) The planned elevations, grades, and slopes of excavations and embankments;
(c) Specifications controlling construction methods and materials in construction of
the work including:
(i) Provisions for control of grading operations within the construction area on
public roads;
(ii) Safety precautions to be observed, and facilities to be provided;
(iii) Compliance with all pertinent laws and local regulations;
(iv) Control of dust;
(v) Hours during which work will be permitted;
(vi) Other related matters.
(d) Plans and details of walls, cribbing, slope protection, facilities and planting.
Planting plans will be subject to the approval of the director.
(4) Specifications for the removal and disposal of excess material.
Commentary: SMC 8.314 will be integrated into the Land and Drainage Alteration Plan
requirements in SMC 8.412(6).
8.314 Soils and Geology Report.
(1) Unless waived by the director, a soils and geology report, prepared by an
engineer, shall be submitted by the developer or his or her representative. The director may
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require that the engineer consult with a registered geologist or registered certified specialty
geologist in preparation of this report.
(2) In order to provide the engineer with the information necessary for
determining both the types of structures which can be placed on the land and the types of
drainage facilities which will be necessary, the report shall contain adequate data and
recommendations on the following matters:
(a) A general indication of both surface and subsurface drainage facilities
necessary to secure stability of native soil or compacted fill.
(b) The location of areas within the boundaries of the development which can
justifiably and safely be used for building sites, with accompanying diagram.
(c) Guidelines to be used to adequately and properly develop and maintain the
area under consideration, such as the desirable height of cuts and fills, desirable steepness of
slopes, recommended erosion control measures, retaining wall locations, necessary corrective
measures, etc.
(d) An analysis of areas immediately adjacent to the proposed development which,
after grading, might have an adverse effect upon the proposed development or might be
adversely affected by the grading.
(3) Requirements for excavations and fills for any building or structure, and for
foundations and retaining structures shall be governed by Chapter 29 of the state building code.
(4) When the soils and geology report indicates the presence of critically
expansive soils or other soil problems which, if not corrected, would lead to structural defects,
the developer or his or her representative shall submit a report which addresses each lot or
areas with said soil conditions. This investigation shall recommend corrective action which is
likely to prevent structural damage to the proposed structures. When these further studies are
necessary, all buildings, structures, and public or private improvements shall be designed in
accordance with the recommendations contained in these studies.
(5) When a preliminary report backed by sufficient data and prepared by the
engineer indicates that the soils quality of the proposed development does not require further
analysis, the director may, based upon this information, determine that a complete soils and
geology report is not required.
Commentary: SMC 8.316 is covered by SMC 8.408 and should be repealed.
8.316 Drainage Pollution and Erosion Control.
(1) When required by the director, drainage facilities and pollution and erosion
control devices shall be provided to convey storm waters to a natural channel or water course
or to a storm drainage facility in an acceptable manner without causing pollution, erosion, or
damage and such facilities shall be designed so as to provide the capacity deemed to be
necessary by the director.
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(2) (a) When work done under a grading permit indicates the presence of
subsurface waters which may contribute to sliding or settlement of the earth surface either in
an undisturbed state, or that such subsurface waters are expected to result from the grading
operations, the director may require the construction of, or installation of such subsurface and
surface facilities as may be deemed necessary to collect anticipated slide or settlement
conditions, and require its conveyance to an acceptable point of discharge.
(b) Whenever during excavation there are uncovered or become apparent any
unforeseen springs, aquifers, or sources of underground water, all grading operations in the
immediate area may be stopped when deemed necessary by the director. If grading operations
are so halted, they shall not be resumed until the drainage facilities recommended by an
engineer for the remedy of the condition have been completed and approved.
(3) Graded sites shall be sloped a minimum of two percent to provide adequate
drainage.
(4) (a) Whenever slope surfaces or excavations and embankments exist, or result
from grading operations on the site, erosion control shall be installed by October 1st; if grading
operations occur from October 1 through April 30, erosion control shall be installed within 14
days from denuding.
(b) Erosion control measures shall conform to the recommendation within the soil
and geology report and shall be approved by the director. Such measures shall consist of
surface roughening, interceptor and diversion practices, vegetative soil stabilization, and non-
vegetative soil stabilization.
(c) Temporary or short-term stabilization shall be required in accordance with
paragraph (a) above when necessitated by prolonged grading delays or by completion of final
grading during seasons of the year when permanent vegetative soil stabilization cannot be
performed. Temporary or short-term stabilization shall conform to the recommendation within
the soil and geology report and shall be approved by the director.
Commentary: SMC 8.318 is covered by other portions of the code or should be moved to 8.400.
8.318 General Regulations.
Commentary: Subsection (1) is covered the wet weather BMP requirements in SMC 8.408.
(1) Excavation, grading or construction of fills may be prohibited by the director
during the period in which rainfall precludes compliance with requirements herein set forth.
Commentary: The noise ordinance in SMC 5.220 regulates use of mechanical devices operated
by compressed air or steam that is not effectively muffled, and erecting, excavating,
demolishing, altering or repairing buildings, between 6:00 pm and 7:00 am daily. This
subsection (2) is duplicative of the noise ordinance, or overly restrictive, and should be
repealed.
(2) If operations under the grading permit are within 500 feet of residential or
commercial occupancies, grading operations shall be limited to the hours of 6:00 a.m. to 8:00
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p.m. daily, with Sunday operations prohibited, excepting that maintenance and service work on
equipment may be performed at any time subject to regulation by section 5.220.
Commentary: Subsections (3)-(6) are covered by SMC 8.408 and should be repealed.
(3) Encroachment of operations on public rights-of-way without a permit from the
director is prohibited except for hauling of legal loads by vehicles permitted to operate on public
roads by law.
(4) Operations shall be controlled to prevent nuisances to public and private
ownership because of dust, drainage, water pollution, soil erosion, removal of natural support
of land and structures, encroachment, noise and vibration.
(5) Blasting, or other uses of explosives shall be subject to regulation by
applicable state laws and regulations of the Springfield Code.
(6) Excavation, grading, and construction of embankments in, on, under, over or
adjacent to old fills, and areas known to be, or believed to be, potential slide areas, shall not be
permitted until a soils and geology report prepared by an engineer has been submitted to the
director with the application for a grading permit, and such report certifies that the proposed
construction will be stable within itself and will not be hazardous to any adjoining property or to
any public road, utility or other facility. Recommendations presented in the soils and geology
report as to materials, equipment or procedures to be incorporated in the construction area or
operations to ensure adequate stability and safety in the construction area, or to the adjoining
areas which may be affected by the proposed construction, together with other reasonable
requirements, may be incorporated in the grading permit as a condition of approval of the
application.
Commentary: Subsection (7) is referenced in SMC 8.414 for pre-development LDAP review.
This text is proposed to be moved (with clarifying edits) to SMC 8.416.
(7) All grading done under sections 8.300 to 8.338 must substantially conform to
the design and layout of any approved or conditionally approved preliminary or tentative plan
and violation of this clause may be grounds for suspension or revocation of the grading permit
as prescribed in section 8.330 of this code, as well as being subject to the penalty provisions of
this code. Exception: If an applicant requests a grading permit in the absence of an approved or
conditionally approved preliminary or tentative development plan, the following requirements
shall apply:
(a) The grading shall not result in the need to extend public storm systems to the
site or to alter, reconstruct or redirect any existing public open-water stormwater facility.
(b) The permit application shall contain the following additional information:
(i) The name, location, dimensions, direction of flow and top of bank of all
adjacent watercourses including those that are shown on the city’s Water Quality Limited
Watercourse Map;
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(ii) The 100-year floodplain and floodway boundaries and areas of special flood
hazard designated by the city engineer as susceptible to inundation of water from any source
that may affect the site. If fill occurs in the flood plain, the director may require analysis of the
effects of the fill on flooding of adjacent properties;
(iii) The Time of Travel Zones as delineated on the Springfield Wellhead Protection
Areas Map that affect the site; and
(iv) Physical features including, but not limited to, riparian vegetation, trees over 5
inches or greater DBH, open drainage ways, watercourses shown on the Water Quality Limited
Watercourse Map and their riparian areas, identified archeological and/or historical sites,
identified threatened or endangered species habitat, areas considered for inclusion in the City’s
Goal 5 lands inventory, jurisdictional wetlands and rock outcroppings.
(c) Unless specifically allowed by the director, the features listed in subsection
(b)(iv) above shall be retained and protected until such features are fully considered through a
site plan review preliminary plan, subdivision tentative plan application, partition tentative plan
application, and/or tree felling permit. To ensure retention of trees over five inches or greater
DBH, the director may require a tree protection plan.
(d) Except for grading of less than 100 cubic yards associated with the construction
of a single-family dwelling, an informational notification shall be provided to owners and
residents of property within 100 feet of the property line where the grading will take place. This
notification shall be mailed a minimum of five days prior to the date the grading will commence
and shall include the property address, an 8 1/2″ x 11″ map of the location of the property
including the area where the grading will take place, the amount of material to be graded and
approximate dates the work is to take place. The permittee shall be required to provide a fee
for this notification.
(e) The proposed grading shall not permit or authorize the placement or
construction of public or private utilities or facilities, unless, in the opinion of the public works
director, such utilities or facilities are necessary to ensure that the proposed land and drainage
alteration is adequately protective of public health, safety, and general welfare. In this event,
the applicant shall obtain from the city the additional permits necessary to construct such
utilities or facilities.
(f) All work conducted within existing and/or proposed public rights-of-way shall
be limited to the minimum necessary, in the opinion of the city engineer, to ensure that the
proposed land and drainage alteration is adequately protective of public health, safety, and
general welfare.
(g) If the proposed grading includes the demolition of existing impervious surface
(concrete, asphalt, etc.) such material shall be legally disposed of off-site not later than one
month after its demolition.
(h) All other approvals necessary to proceed with the proposed grading, including
such overlay district requirements for floodplain, hillside, historic district, the Willamette
Greenway, tree felling or any regulated wetland, or any permits necessary from any other
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agency having jurisdiction over all or a portion of the work, shall be secured by the applicant
prior to issuance of the grading permit.
Commentary: SMC 8.320 is being renumbered 8.422
8.320 Excavations.
(1) Unless otherwise permitted, the slope of any bank in an excavation shall not
be steeper than one and one-half horizontal to one vertical, except that such slope may be
required to be flatter if soil conditions are found to be unfavorable, or an adjacent foundation or
structure may be endangered.
(2) Terraces at least six feet in width shall be established at not more than 30-foot
vertical intervals on all cut slopes to control surface drainage and debris except that where only
one terrace is required, it shall be at mid-height. For cut slopes greater than 60 feet and up to
120 feet in vertical height one terrace at approximately mid-height shall be 12 feet in width.
Terrace widths and spacing for cut slopes greater than 120 feet in height shall be designed by
an engineer and approved by the director. Terraces shall have a transverse slope of not less
than five horizontal to one vertical sloping down towards the bank above the terrace and a
longitudinal slope of not less than two percent. Suitable access shall be provided to permit
proper cleaning and maintenance pursuant to this code. Swales or ditches on terraces shall
have a minimum gradient of five percent and must be paved with concrete not less than three
inches in thickness or an approved equal paving. They shall have a minimum depth at the
deepest point of one foot and a minimum paved width of five feet. A single run of swales or
ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (projected)
without discharging into a down drain.
(3) Cut slopes shall be provided with subsurface drainage as necessary for
stability.
Commentary: SMC 8.322 is being renumbered 8.424
8.322 Ground Preparation for Embankments.
(1) The area on which an embankment or fill is to be placed shall be cleared of all
vegetation, such as trees, logs, stumps, and roots of trees, brush, heavy growth of grass and
weeds, and any other objectionable material, such and debris, concrete foundations, metal, or
non-earthen materials which cannot be properly consolidated or will not support the load of the
embankment or structures. The cleared area shall extend to a width of two feet outside the
area to be filled. All trees, existing stumps and large roots shall be removed, except that within
the area where fills will be three feet or more in height, trees may be cut flush with the existing
ground and grubbing of the remaining stumps will not be required except at locations where
subdrainage, trenches, drain pipes, foundations or other structures are to constructed or where
unsuitable materials is to be removed before construction of the embankment.
(2) The existing ground shall be prepared to receive fill construction by:
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(a) The installation of subdrains to intercept and dispose of waters from springs,
aquifers, or other underground sources of water; and storm drains to intercept and dispose of
surface waters where required on approved plans.
(b) Compacting the ground area upon which any embankment is to be constructed
to a minimum relative compaction of 90 percent throughout the top six inches.
(3) Embankment fills shall not be constructed upon natural ground slopes which
are steeper than five horizontal to one vertical unless such embankments are keyed into the
natural ground; and the native material together with the fill material shall be recompacted to a
relative compaction of 90 percent. The width of the benches for keying new embankments to
existing slopes shall not be less than 10 feet. The construction operation shall be such that a
slip plane is not created between the original material and the newly compacted material.
Commentary: SMC 8.324 is being renumbered 8.426.
8.324 Embankment and Backfill.
(1) The slopes of an embankment shall not be steeper than two horizontal to one
vertical, except where the soils and geology report indicates that steeper slopes may be
constructed and maintained safely without creating a potential sliding or erosion condition.
(2) In fills over 20 feet in height, a terrace having a minimum width of six feet
shall be constructed in the fill slopes, with a maximum vertical spacing of 20 feet between
terraces or from the top or bottom of the fill slopes, except that the vertical spacing may be
increased if slopes are commensurately flattened where such increase and flattening is
recommended by an engineer and approved by the director. The terrace shall have a transverse
slope of not less than five horizontal to one vertical sloping down towards the embankment,
and a longitudinal slope of not less than two percent. Drainage along the terrace shall be
provided as required by section 8.322 of this code.
(3) (a) Except as noted below for rock fill, material for embankments and
backfills for excavations, slides, walls and other structures shall be spread in layers not
exceeding eight inches in loose thickness before compaction, and each layer shall be compacted
to a relative compaction of not less than 90 percent.
(b) The side slopes of all embankments shall be compacted by means of tampers
or rollers to a minimum of 85 percent relative compaction.
(4) (a) When fill material includes rock, individual rock shall not be greater
than three feet in greatest dimension, and no rock larger than six inches in greatest dimension
will be permitted less than 18 inches below finished grade of the embankment. No large rocks
will be permitted to nest, and all voids shall be filled with earth or other fine material and
properly compacted.
(b) Material used for backfilling within 18 inches of walls or other structures shall
be free from stones or lumps of material exceeding four inches in greatest dimension.
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(5) At the time of compaction, the moisture content of the embankment material
shall be such that the minimum relative compaction specified may be obtained with the
compacting equipment being used. Water shall be added in the required amount to obtain the
optimum moisture content for achieving maximum density. Compaction of embankment
material which contains excessive moisture shall be delayed until the material has been allowed
to dry to such an extent that the relative compaction specified may be produced with the
compacting equipment being used.
(6) Sufficient field and laboratory tests to determine the relative compaction of the
ground and embankment material shall be taken and shall not be less frequent than necessary
to obtain compaction tests in each two feet of vertical lift of the embankment. The results of
such testing shall be included in the reports required by section 8.338 of this code.
(7) The absence of compaction test reports, or inaccuracies or inconsistencies in
the test results shall be deemed sufficient to reject the completed construction or to delay
issuance of a certification of completion until additional test reports are satisfactory and indicate
compliance. The director may require a certificate by an approved soils testing agency based on
the tests of the fill at selected elevations.
Commentary: SMC 8.326 is covered by the state building codes and should be repealed.
8.326 Setbacks.
(1) General. The setbacks and other restrictions specified by this section are
minimum and may be increased by the director or by recommendation of an engineer, if
necessary, for safety and stability or to prevent damage of adjacent properties from deposition
or erosion or to provide access for slope maintenance drainage. Retaining walls may be used to
reduce the required setbacks where approved by the director.
(2) Setbacks from Property Lines. The tops of cuts and toes of fill slopes shall be
set back from the outer boundaries of the permit area and behind any easements, in
accordance with Figure A-33-1 of the State Structural Specialty Code.
Commentary: SMC 8.328 is duplicative of 8.412 and 8.414. Language that the permit expires
after 180 days has been added to 8.418.
8.328 Permit Issuance.
(1) Issuance. The application, plans and specifications and other data filed by an
applicant for permit shall be reviewed by the director. Such plan may be reviewed by other
departments and agencies to verify compliance with any applicable laws, ordinances, rules, and
regulations. If the director finds that the work described in the application for permit and the
plans, specifications, and other data filed therewith conform to the requirements as stipulated
by the controlling agencies, and other pertinent laws and ordinances, and that the fees
specified in section 8.332 of this code have been paid, he or she shall issue a permit to the
applicant.
When the director issues the permit where plans are required, he or she shall endorse
in writing or stamp the plans and specifications APPROVED. Such approved plans and
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specifications shall not be changed, modified or altered without authorization from the director,
and all work shall be done in accordance with the approved plans. The director may issue a
permit for the grading of a portion of a larger site if plans and specifications for the entire site
have been submitted and approved.
(2) Retention of Plans. One set of approved plans, specifications and computations
shall be retained by the director indefinitely, or until superseded; and one set of approved plans
and specifications shall be returned to the applicant, and said set shall be kept on the site of the
grading at all times during which the work authorized thereby is in process.
(3) Validity of Permit. The issuance of granting of a permit or approval of plans
and specifications shall not be construed to be a permit for, or an approval of, any violation of
any of the provisions of this code or of any other ordinance of the city. No permit presuming to
give authority to violate or cancel the provisions of this code shall be valid.
The issuance of a permit based upon plans, specifications and other data shall not
prevent the director from thereafter requiring the correction of errors in said plans,
specifications and other data, or from preventing grading operations being carried on when in
violation of this code or any other ordinance of this city.
(4) Expiration. Every permit issued by the director under the provisions of this
code shall expire by limitation and become null and void if the grading authorized by such
permit is not commenced within 180 days from the date of such permit, or if the grading
authorized by such permit is suspended or abandoned at any time after the work is commenced
for a period of 180 days. Before such work can be recommenced, a new permit shall be first
obtained, and the fee therefor shall be one-half the amount required for a new permit for such
work provided no changes have been made or will be made in the original plans and
specifications for such grading, and provided further that such suspension of abandonment has
not exceeded one year.
Any permittee holding an unexpired permit may apply for an extension of the time
within which he or she may commence work under that permit when he or she is unable to
commence work within the time required by sections 8.300 to 8.338 for good and satisfactory
reason. The director may extend the time for action by the permittee for a period not exceeding
180 days upon written request by permittee showing that circumstances beyond the control of
the permittee have prevented action from being taken. No permit shall be extended more than
once. In order to renew action on a permit after expiration, the permittee shall pay a new full
permit fee if he or she fails to reapply within one year of the expiration date.
Commentary: SMC 8.330 is being renumbered 8.430.
8.330 Permit Suspension or Revocation.
(1) The director may, in writing, suspend or revoke a permit issued under the
provisions of this code whenever it is found that:
(a) The permit was issued in error or on the basis of incorrect information;
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(b) Conditions at the site vary appreciably from that stated in the application or
shown on the grading plans;
(c) Construction does not conform to the approved plans, grades, or other
conditions of the grading permit;
(d) Cessation of work before completion have, left the site in a condition hazardous
to public or to the adjacent properties, and the applicant does not comply with reasonable
requirements as to completion of the work within the time specified in the permit or an
approved extension of time therefor;
(e) The applicant does not comply with reasonable requirements to safeguard the
workers, the public, or other persons acting in a lawful manner, during his or her construction
operations;
(f) The applicant, in transporting materials, or operating equipment in, around, to
and from the site and in connection with the grading operations for which the permit was
issued, fails to operate the equipment properly on or along public roads, or allows materials or
litter to encroach, obstruct or be deposited on pavement, or in drainage channels, or otherwise
within the road right-of-way, to the detriment of the public road, or creates a hazard on the
public road, or causes unauthorized obstruction or diversion of drainage channels within the site
areas;
(g) Failure to have a qualified inspector, working under the supervision of a
registered engineer, on the site during construction operations when so required under the
permit.
(2) Upon issuance of a notice to cease work, or the suspension of the grading
permit, the applicant shall immediately cause all grading and hauling operations connected
therewith to cease until permission is received from the director allowing the applicant to
proceed after correcting the objectionable conditions or operations so as to eliminate the hazard
or encroachment and to prevent recurrence of the situation.
(3) Upon the order of the director, any grading permit so suspended may be
either reinstated or revoked. Whenever a permit has been revoked, work on the site shall not
again commence until a new application has been filed incorporating the necessary revisions in
plans or methods of operation required to fulfill the intent of sections 8.300 to 8.338 and in
accordance with the regulations herein, and approved by the director.
Commentary: SMC 8.332 is being renumbered 8.432.
8.332 Fees.
(1) Plan Checking Fee. For excavation and fill on the same site, the fee shall be
based on the volume of the excavation or fill, whichever is greater. Before accepting a set of
plans and specifications for checking, the director shall collect a plan-checking fee. Where not
covered by the approved improvement plans for the development, separate permits and fees
may apply to retaining walls or major drainage structures in accordance with the state building
code. There shall be no separate charge for standard terrace drains and similar facilities. The
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amount of the plan checking fee for grading plans shall be based on the average actual costs as
set forth by resolution of the city council. The rates and charges herein provided are for
incurred costs based upon the use or availability for use of the public right-of-way and/or the
storm sewer system, as well as for meeting the routine obligations of ownership, which is
necessary for the regulation of and provision for, the public health, safety and welfare. The
charge is controlled by the user’s or potential user’s request and choice of the kind, nature and
quantity of use. The plan-checking fee for a grading permit authorizing additional work to that
under a valid permit shall be the difference between such fee paid for the original permit and
the fee shown for the entire project.
(2) Grading Permit Fees. A fee for each grading permit shall be paid to the
director based on the average actual costs as set forth by resolution of the city council. The
rates and charges herein provided are for incurred costs based upon the use or availability for
use of the public right-of-way and/or the storm sewer system, as well as for meeting the
routine obligations of ownership, which is necessary for the regulation of, and provision for, the
public health, safety and welfare. The charge is controlled by the user’s or potential user’s
request and choice of the kind, nature and quantity of use. The fee for grading permit
authorizing additional work to that under a valid permit shall be the difference between the fee
paid for the original permit and the fee shown for the entire project.
Commentary: SMC 8.334 is being renumbered 8.434, with revisions shown in that .
8.334 Bonds.
(1) When Bond is Required. If the director determines that the nature of
the work regulated is such that, if left incomplete, it will endanger adjoining property or street,
or will create a hazard to human life on any property, or will negatively affect physical features
including, but not limited to riparian vegetation, trees over five inches or greater DBH, open
drainage ways, watercourses shown on the Water Quality Limited Watercourse Map and their
riparian areas, identified archeological and/or historical sites, identified threatened or
endangered species habitat, areas considered for inclusion in the City’s Goal 5 lands inventory,
jurisdictional wetlands and rock outcroppings, the director may before issuing the permit
require the applicant to furnish a bond, either cash or performance agreement (bond) or other
security satisfactory to the city at the option of the applicant, in a form satisfactory to the
director and approved by the city attorney in the sum of 110 percent of the cost to either return
the site to pre-alteration conditions or perform the work required to mitigate the hazard, danger
or negative effect as determined by the director, conditioned upon the faithful performance of
the work within the time specified in the grading permit or within any extension thereof granted
by the director. Such bond or other security shall obligate the principal, his or her executors,
administrators and assigns, jointly and severally, and the surety, to the city for the faithful
performance of the work required. Such bond or other security shall further provide that it will
not be challenged or terminated until at least 30 days’ notice thereof has been filed with the
director.
(2) Notice of Default. Whenever the director shall find that a default has occurred
in the performance of any term or condition of any permit, written notice thereof shall be given
to the principal and to the surety on the bond. Such notice shall state the work to be done to
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achieve a safe and satisfactory condition and the period of time deemed by the director to be
reasonably necessary for the completion of such work.
(3) Duty of Surety. After receipt of such notice the surety shall, within the time
therein specified, cause the required work to be performed.
(4) Disposition of Cash Bond. If a cash bond has been postponed and the notice of
default, as approved by the preceding paragraph, has been given to the principal, and
compliance by the principal with the notice of default is not obtained within the time specified,
the director may, upon suspending or revoking the grading permit pursuant to section 8.330 of
the code, proceed without delay and without further notice or proceedings whatsoever to use
the cash deposited to cause the required work to be done by contract or other means as may
be determined at the discretion of the director. The balance, if any, of such deposit shall, upon
completion of the work, be returned to the depositor after deducting the cost of the work plus
10 percent thereof.
(5) Right of Entry. In the event of any default in the performance or any term or
condition of the permit for the work, the surety or any person employed or engaged on its
behalf or any authorized representative of the director shall, after providing reasonable notice
have the right to go upon the premises to complete the required work or make it safe.
(6) Interference Prohibited. No person shall interfere with or obstruct the ingress
or egress to or from such premises by any authorized representative or agent of any surety or
of the city engaging in completing the work required to perform under the permit or in
complying with the terms and conditions thereof or in inspecting the grading operation pursuant
to section 8.338 of this code.
(7) Term of Bond; Completion. The term of each bond posted shall begin under
the date of the posting thereof and shall end upon the satisfactory completion of the terms and
conditions stated in the permit. Such completion shall be evidenced by a certificate of
completion as provided in section 8.338, a copy of which will be sent to any surety upon
request. When a cash bond has been posted, it less any amounts deducted to pay for work
performed on order of the director pursuant to any notice of default with said work being
charged at a rate three times the wages, equipment fees and material costs, plus 40 percent
overhead, or $200.00, which ever is greater, shall be returned to the depositor upon completion
of the work.
Commentary: SMC 8.336 is generally duplicative of SMC 8.314, 8.408, and 8.420 and should be
repealed. Language from subsection (1) and (2) regarding inspections and right of entry has
been added to SMC 8.420(3), as shown in that section.
8.336 Inspection.
(1) General. All grading operations for which a permit is required shall be subject
to inspection by the director. When required by the director, special inspection of grading
operations and special testing shall be performed in accordance with provisions of the state
building code.
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(2) Right of Entry. The director or authorized representative shall have the right to
go upon the premises in order to make inspections and perform other duties pursuant to this
code. It shall be unlawful for any person to interfere with said right of ingress and egress.
(3) Grading Designation. Unless excepted by the director, all grading shall be
performed in accordance with the approved grading plan prepared by an engineer, and shall be
designated as “engineered grading.” Grading excepted by the director shall be designated
“regular grading” unless the permittee chooses to have the grading performed as “engineered
grading.”
(4) Engineered Grading Requirements. For engineered grading, it shall be the
responsibility of the engineer who prepares the approved grading plan to incorporate all
recommendations from the Soils and Geology Report into the grading plan. He or she shall also
be responsible for the professional inspection and approval of the grading within his or her area
of technical specialty. This responsibility will include, but not be limited to, inspection and
approval as to the establishment of line, grade and drainage of the developed area. The
engineer shall act as the coordinating agent in the event the need arises for liaison between
other professionals, the contractor, and the director of public works. The engineer shall also be
responsible for the preparation of revised plans and the submission of as-graded grading plans
upon completion of the work. The grading contractor shall submit, in a form prescribed by the
director, a statement of compliance to said as-built plan.
Soils and geology reports shall be required as specified in section 8.314 of this code.
During grading all necessary reports, compaction data and recommendations, including those of
other professionals used in the operation, shall be submitted by the engineer to the director.
The engineer’s area of responsibility shall also include, but not be limited to, the professional
inspection and approval concerning the preparation of ground to receive fills testing for required
compaction, stability of all fill slopes and the design of buttress fills, where required,
incorporating data supplied by the registered geologist, or registered specialty geologist as
required. His or her areas of responsibility shall also include, but not be limited to, professional
inspection and approval of the adequacy of natural ground for receiving fills and the stability of
cut slopes consistent with the soils and geology report and the need for subdrains or other
water drainage devices. All findings and analyses shall be reported by the engineer. The
director may inspect the project at the various stages of the work requiring approval and at any
more frequent intervals necessary to determine that adequate control is being exercised by the
professional consultants.
(5) Regular Grading Requirements. The director may require inspection and
testing by an approved agency.
The testing agency’s responsibility shall include, but not be limited to, approval
concerning the inspection of cleared areas and areas benched to receive fill and the compaction
of fills. When the director has cause to believe that geological factors may be involved, the
grading operation will be required to conform to “engineered grading” requirements.
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When areas of critically expansive soil or other soil problems are discovered only after
the grading operation has commenced, the director may require that the grading operation
conform to “engineered grading” requirements.
(6) Notification of Compliance. If, in the course of fulfilling their responsibility
under sections 8.300 to 8.338, the engineer, the registered geologist, the registered certified
specialty geologist, or the testing agency finds that the work is not being done in conformance
with sections 8.300 to 8.338, or the approved plans, the discrepancies shall be reported
immediately in writing to the person in charge of the work and to the director.
Recommendations for corrective measures, if necessary, shall be submitted.
(7) Transfer of Responsibility for Approval. If the engineer, the registered
geologist, or the registered certified specialty geologist, or the testing agency of record are
changed during the course of work, the work shall be stopped until the replacement has agreed
to accept the responsibility within the area of their technical competence for approval upon
completion of the work.
Commentary: SMC 8.338 is being renumbered 8.436.
8.338 Completion of Work.
(1) Final Reports. Upon completion of the rough grading work and at the final
completion of the work the director may require that the grading plan prepared by the engineer
be supplemented or amended to show the final as-built conditions of the site, including the
original ground surface elevations, the as-graded ground surface elevations lot drainage
patterns and locations and elevations of all surface and subsurface drainage facilities. He or she
shall provide approval that the work was done in accordance with the final approved grading
plan.
(2) Notification of Completion. The permittee or agent shall notify the director
when the grading operation is ready for final inspection. Final approval shall not be given until
all work including installation of all drainage facilities and their protective devices and all erosion
control measures have been completed in accordance with the final approved grading plan and
the required reports have been submitted.
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